Purchase of property
shyam lal sharma
(Querist) 21 January 2013
This query is : Resolved
Respected Learned Advocates,
My Quires is as follows,
My Grand Father has purchased a land during 1975 extent of 50Cents of Agriculture Land and out of which he sold 30Cents Mr “X” and 20Cents to “Y”, but after some time Mr “Y” gave back the land to my Grand Father through GPA (Unregistered) in 1995 by receiving some consideration and Notarised GPA, during 2000 my Grand Father pass away and Mr “X” who had purchased the land of 30Cents has contacted the revenue Authority and changed the entire land (50Centas) Revenue Records to his name in 2002-03, till 2002-03 he was the owner of 30Centas only neither my Grand Father sold land nor Mr ”Y”, now Mr “Y” is ready to execute register sale deed to my name but the khatha and other revenue documents is in the name of Mr “X”.
Is the GPA executed by Mr. “Y” in my Grand Fathers name by receiving the consideration is having validity or not.
Please suggest me…
Thanks in Advance…
ajay sethi
(Expert) 21 January 2013
Mr X should have executed sale deed in your grand father favour .
GPA executed in favour of your grand father is not regd .GPA which is not regd would be in admissible in evidence
how has consideration changed hands / was it by cash or cheque?
.contact a local lawyer . necessary to go through the terms of GPA . you will have to challnege the mutation entries in name of X
Raj Kumar Makkad
(Expert) 22 January 2013
The GPA has become non-existent at the same time of the demise of your grand father so this is high time for you to get the registered sale-deed executed through Y as he is ready to do so.
So far as wrong mutation is favour of X entered during the year 2002-03 is concerned, it is to beg got corrected y way of filing a civil suit on your part. Even wrong entry in revenue record do not provide ownership rights.
Anirudh
(Expert) 22 January 2013
As per the facts revealed by the querist, there is no wrong entry of mutation in favour of Mr. X. After such correct mutation, Mr. X is reported to have resold the said part of the land to the grandfather of the querist. But there is only a notorised GPA for this but no registered sale deed in favour of the grand father of the querist. Therefore, unless the querist could bring clincing admissible documents in his favour (notorised GPA is not a clinching evidence) it will be very difficult for him to get the piece of land from X.
As regards the 20 Cents which was originally sold by the grand father of the querist to Mr. Y. This piece of land is in trouble because Mr. X has got the same mutated in his favour. If that had been wrongly got mutated, then it is Mr. Y who has to agitate against the same and get it rectified.
Unless Y gets the 20 cents cleared of any encumbrance (like wrong mutation in favour of X in the revenue records), purchasing the said piece of land from Mr. Y will not be advisable.
